Due to a flaw or unsafe condition, the plaintiff in many personal injury cases was injured on the defendant’s property, giving rise to the application of premises liability law.
In order for a plaintiff to prevail in a premises liability action, they must show that the property owner was careless in either owning or maintaining the property. If you or a loved one was hurt while lawfully on someone else’s property, you should consult Cherry Hill, NJ personal injury attorneys who specialise in premises liability law to discuss your legal options.
What Criteria Do Courts Use to Determine Liability in Premises Liability Cases?
In a premises liability case, various things may contribute to liability, such as:
- Who visited the property and what their legal status was
- When the incident occurred, the state of the property
- Owner of the property’s or a visitor’s choices to act or not to act
- If the victim of an injury was a youngster
- If the tourist and the property owner both contributed to the mishap that resulted in injuries
- Any unique regulations that pertain to a property’s landlord
What Are the Most Popular Premises Liability Case Types?
Premises liability can apply to a wide range of personal injury situations, such as:
- Snow and ice-related accidents
- slip-and-fall incidents
- Dog biting
- Defective elements of a property
- Accidents in the elevator and escalator
- Inundation or leaks
- Fires
- accident rates at theme parks
- Building security is inadequate.
- Parking lot or garage lighting that is insufficient
- drowning pool mishaps
- toxic fumes or chemicals
Property Owners Owe Visitors a Duty of Care
Each property owner owes a duty of care to the people that come to their property. No matter what kind of property they own—a store, a restaurant, a place of business, a school, a house or an apartment—the owner owes a duty of care to all of their guests.
There are three types of visitors to all properties:
- Invitees
- Licensee
- Trespassers
What if both the visitor and the property owner were at fault?
In rare cases, the visitor may be held legally responsible for an accident that occurred on someone else’s property. When on someone else’s property, a visitor is also required to use reasonable care. When the owner establishes that the visitor failed to take reasonable precautions for their own safety while on the property, the plaintiff’s ability to seek damages may be restricted.
